California Supreme Court Watch

#22-204 Adolph v. Uber Technologies, Inc., S274671. (G059860, G060198; nonpublished opinion; Orange County Superior Court; 30-2019-01103801.) Petition for review after the Court of Appeal affirmed an order denying a petition to compel arbitration in a civil action. This case presents issues regarding the maintenance of representative claims for statutory civil penalties under the Private Attorney General Act (Lab. Code, § 2698 et seq.). (See Viking River Cruises, Inc. v. Moriana (2022) ___ U.S. ___ [142 S.Ct. 1906, ___ L.Ed.2d ___].)

Petition for review granted: 7/20/2022

Issues ordered limited: 8/01/2022

The issue to be briefed and argued is limited to the following: Whether an aggrieved employee who has been compelled to arbitrate claims under the Private Attorneys General Act (PAGA) that are “premised on Labor Code violations actually sustained by” the aggrieved employee (Viking River Cruises, Inc. v. Moriana (2022) 596 U.S. __, __ [142 S.Ct. 1906, 1916] (Viking River Cruises); see Lab. Code, §§ 2698, 2699, subd. (a)) maintains statutory standing to pursue “PAGA claims arising out of events involving other employees” (Viking River Cruises, at p. __ [142 S.Ct. at p. 1916]) in court or in any other forum the parties agree is suitable.

Case fully briefed: 11/08/2022

See the Court of Appeal Opinion.